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The implementation of the right (Article 51 para.p.): who operates in the implementation of his own right, is exempt from liability even if he does wrong.

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The subsistence and the implementation of the law, however, are not enough to mechanically expel the pursuit of the action performed; it is also necessary that the same provision that identifies the law, allows to protect it through that specific gesture that usually represents an illicit act.

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Obviously, this can only happen considering certain limitations, so, for example, the right to overthrow the assets is limited by art. 423, c. 2 c.p., on the basis of which the person who sets fire to his property is sanctioned if the gesture provokes a threat to the collective integrity.

A characteristic case of implementing a right is the function of journalists; in fact, when one of them objectively informs of gestures that damage the dignity of an individual, he does not commit an unlawful slander presumed by art. 595 of the 8ii Civil Code, since it implements a right based on freedom of the press enshrined in the law.

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Agreement of the entitled party (Article 50 of the Civil Code): in order to remove the illegitimacy of the gesture, the agreement must concern an enjoyable right, that is to say, the owner may openly avail himself; the agreement, then, must be granted by the individual possessor of this right, and must have the ability to understand in the moment of the same agreement. Generally, the rights connected to the involvement of the State, family rights and the so-called personal rights such as, for example, the right to life are useless.

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Compliance with the duty (Article 51 of the Civil Code): the burden may be established by a law or by a legal provision of public bodies; therefore the one who, in respecting an obligation established by a law or by the disposition of an overlying body, does an illicit act can not be sanctioned.

The most relevant case of an act legitimated by a law is the legitimate use of arments, governed by art. 53 p.p. where, on the contrary, with regard to obligations arising from a provision of the superior body, this, to be coercive, must be disseminated according to the methods established by the legislation and whoever disseminates it must be competent to do so.

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REPORTING SYSTEM

The law states that the state does not keep the attention to the sanction of illicitly unlimited.

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Therefore, the period of prescription of an offense is the period in which the State retains the attention to sanction a specific illicit act.

Generally, the period of limitation increases with the increase in the danger of the crime in question, ie it grows with the amplification of the fixed punishment established for that specific illicit.

At the time the prescribed period elapses, the offense is canceled. Article. 157 of the IuPenal Code, recently amended by regulation 5.12.2005 n. 215, decrees that the statute of limitations eliminates the unlawful eligibility after the period equivalent to the maximum of the statutory punishment prescribed by the law and in any case a period not under the age of six if one is facing a crime and four years in relation to the offenses, although only sanctioned with the fine (see differences between crimes and infringements).

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For example, not taking into account the aspects concerning the suspension of the prescription, which we will examine later, the acquisition of stolen goods is eliminated in eight years since this is the major punishment for this offense (see Article 648 of the yh Penal Code).

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hypothesis, all and only those clearly listed by the Art. 160 of the Italian Civil Code, the prescriptive process stops and a new period of limitation enters into force from the date of suspension.

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Pursuant to Art. 161 of the Criminal Code, however, under no circumstances can the suspension of the prescription determine the increase of more than a quarter of the period used to extinguish, of half in the case of a particular aggravating circumstance (Article 99, paragraph II), of two thirds in the hypothesis in which the injured party performs another non-deliberate offense (Article 99 paragraph 4 of the Criminal Code), and of the double in the hypothesis in which the criminal is frequent (Articles 102 and 103 of the Criminal Code) or the criminal for work (Article 105 of the Criminal Code) ).

To resume the case of the crime of acquisition of stolen goods, it expires in eight years if no interruption elements are involved; if there are elements of interruption, on the contrary, it is extinguished in ten years (8 years + 1/4 of 8 years) for the guilty one determined, and in twenty years for the frequent criminal.

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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